I-9 / E-Verify

The food and drug industry in the United States is highly-competitive, housing talent from within the country and abroad. Businesses in these industries should be aware of the different visa options available for hiring foreign talent in order to stay on top in an otherwise highly competitive market. Thus, here’s an overview of potential visa options and immigration strategies for those in the food and drug industries.
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DHS is proposing to allow for alternative procedures for documents required by the Form I-9, Employment Eligibility Verification. This proposed rule would create a framework under which the Secretary of Homeland Security (the Secretary) could authorize alternative options for document examination procedures with respect to some or all employers.
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Employers who accepted certain documents for I-9 immigration forms from employees during the pandemic have till July 31st to update the forms to comply with the law. The temporary policy that was in-place that permitted employees to provide expired List B (proof of identification) documents to complete I-9 forms due to challenges presented during the pandemic is now being revoked by the Department of Homeland Security.
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On May 4, 2022, DHS published a temporary final rule (87 FR 26614) amending 8 CFR 274a.13(d).

The temporary final rule increases the employment authorization and/or Employment Authorization Document (EAD) automatic extension for certain renewal applicants from up to 180 days to up to 540 days.

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As of January 30, 2022, USCIS and Customs and Border Protection (CBP) began issuing Form I-94, Arrival-Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses who are employment authorized based on their status. The COA designations for E nonimmigrant spouses are E-1S, E-2S, E-3S, and L-2S for nonimmigrant L spouses. Forms I-94 containing these code designations are acceptable as a List C, #7 employment authorization document issued by the Department of Homeland Security.

UPDATE:USCIS mailed notices in early April 2022, to E and L spouses (age 21 or over) who have an unexpired Form I-94 that USCIS issued before Jan. 30, 2022.
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The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I 9, Employment Eligibility Verification, due to COVID 19.
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USCIS is issuing individual notices to certain TPS Syria beneficiaries whose applications to renew Form I 766, Employment Authorization Document (EAD), remain pending. These individual notices further extend the validity of their EADs until Sept. 24, 2022. Their current EADs bear an A12 or C19 category and an expiration date of March 31, 2021; Sept. 30, 2019; or March 31, 2018
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DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents.

DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document issuing authorities have reopened and/or provided alternatives to in person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents.

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Immigration Attorneys

Employers are required to both complete and retain Form I-9, Employment Eligibility Verification for every person hired for employment in the U.S. to work for pay.
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On March 18, 2022, USCIS issued a Policy Alert titled ‘Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses’. As of January 30, 2022, USCIS and CBP began issuing Form I‑94, Arrival‑Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses
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On April 1, 2022, USCIS will dispose of E-Verify records that are more than 10 years old, which are those dated on or before Dec. 31, 2011. E-Verify employers have until March 31, 2022, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.
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